Procedure for disputing Deposit Deductions

[newuser30]

Hi all,

 

6 month AST ended and we heard nothing about return of deposit for 2 weeks until i emailed agent to ask. They replied saying LL wanted to take deductions for some things. We asked exactly what those things were, and wrote a letter direct to LL saying if we didn't hear back we'd take legal action. Finally got a letter from him exactly 15 working days after tenancy ended.

 

Deductions proposed are to cover damage which was already existing (we have pictures, and copy of the inventory we notated and sent to Agents detailing all this). They're even trying to claim for scuffs on a wooden floor which were indicated in their own inventory!! Plus one more thing which we don't have proof of, but certainly didn't do. They claim we damaged edge of carpet in a room and sent a picture (dated 5 days after tenancy ended) showing some short loose strands/ fraying. I'm slightly concerned they may even have set this up to frame us as it certainly didn't look like that when we left!

 

His letter detailing deductions says what he wants to claim for, and how much, but there are no receipt or quotations??

 

Along with letter in post, we got a notice through DPS site that LL intended to make deductions and do we agree. We ticked no and sent it back. LL has now sent it back again, claming the deductions again. We have again ticked no we do not agree and sent it back.

 

Today have sent a "letter before action" disputing each of the claims he makes and including a template I found on the net which covers things like LL can only claim for losses incurred, these must be accounted for, cannot use as a redecoration fund etc, and we require reply and cheque within 7 days or will proceed to court without further notice.

 

I am wary of using the DPS arbitration/ dispute service as reading case studies it seems they often find party in favour of LL. It also seems a very faceless/ inhuman process, with little chance for us to show exactly how much LL is trying to rip us off. But I'm worried now we've rejected his claims twice on the site it will automatically go to their dispute service?

 

I would rather go to court, even if it means paying. Apparently it will cost £70 to do this.

 

I just wondered if anyone can let me know if I'm within the right time frame for all this and doing it in the right order?

 

Additional points:

Deposit was protected and we were notified

Inventory was given to us to hand back to Agent at our leisure. They didn't show us around, attend check in, or do a check out

We informed Agent of all the incorrect issues on inventory (things stated as clean when they weren't/ existing when they didn't etc) the day after moving in, by notating inventory, dating and initialling. We have copy of their fax report to show they received all this.

Landlord wants to sell property - as he is claiming for costs towards replacing carpets and professional cleaning (not required in tenancy agreement) we're pretty sure he is aiming to use our deposit to do up his house to sell!

We have nearly 100 pictures of property when we moved in, none from moving out unfortunately

However we have 2 witnesses who helped us clean and move in/ out

Deposit was over £1,000. To date they have kept all of it, even though the amount they are claiming is £450. It's now a month after we moved out and they still have our money

 

Thank you in advance

Edited May 8, 2013 by newuser30

[mariner51]

Delays are mainly of your own making issuing LBA etc. LL has at least 10 working days to return undisputed deposit. How do you know he did not conduct move out inspection after T ended?

He is claiming compensation for loss caused by prob T damage and provided you with a detailed list, he is not obliged to provide you with receipts or quotations.

If you had agreed to DPS ADR, which most LLs avoid because the think it favours the T, then £450 would be retained until adjudicated and undisputed remainder released to you by return. DPS is holding your deposit, not LL.

If you take your case to SCC, the process is similar, LL will have to show his deductions are 'reasonable' based on local tradesmen rates and allowance has been made for length of T fair wear & tear. The LL can claim to restore property to move in condition, less any fair wear & tear based on expected life.

If any deposit is awarded to you, then you will need a Judge's Order instructing DPS to release deposit. It could be 2-4 months before you get a hearing date.

 

I don't think £450 is sufficient to redecorate whole house as yoi suggest, which would prob be pointless, as IME the buyers will prob strip & re-decorate throughout, to suit their own taste.

[newuser30]

LL has at least 10 working days to return undisputed deposit.

 

But he hasn't, and it's now been a month. So how do we get back the undisputed amount?

 

he is not obliged to provide you with receipts or quotations.

 

Are you actually suggesting he can keep OUR money without ANY proof of what he's claiming to use it for? That contradicts absolutely everything I've read on the subject so far, which seems to indicate that the onus os on the landlord to prove any claims he has made, as the deposit is OUR money, not his, and he is obliged to account for it. Otherwise surely he is just free to make up any number he likes?

 

Thank you for the response.

 

What would you say is the next step from here? Should we wait to see what happens with the DPS? Open our own dispute with them? Or proceed to court?

[mariner51]

"His letter detailing deductions says what he wants to claim for, and how much, but there are no receipt or quotations??"

 

So he has informed you of what he is claiming and why!

It is your money and should not be witheld PROVIDED you return property in move-in condition with due alowance for fair wear & tear. Obviously LL considers damage beyond FW&T for T period and is claiming compensation.

You could contact DPS and see if they are prT epared to accept reversal of your earlier refusal and proceed with ADR.

Otherwise you will have to sue LL in SCC for return of deposit.

 

It is for Court or ADR to decide if LLs claim is reasonable. The onus is on LL to provide evidence to justify claim. If accepted LL will be awarded some/all of your money.

Edited May 9, 2013 by mariner51